MSCHF is no stranger to lawsuits. The Brooklyn-based art collective has faced legal repercussions for its infamous “Satan Shoe” and “Jesus Shoe,” and the AF1-like Super Normal from Nike. On top of this, Vans took MSCHF to court over the design of the Wavy Baby silhouette created in collaboration with Tyga. This was due to its uncanny resemblance to the Vans Old Skool. Nearly a year has passed since the Wavy Baby release, as well as when Vans’ lawsuit was first filed (which still hasn’t been settled). Now, streetwear brand WaveyBaby is suing MSCHF over trademark infringement, unfair competition, and civil conspiracy.
Before the release of the MSCHF Wavy Baby, the brand WaveyBaby sent a cease-and-desist letter on April 12, 2022 (6 days before the eventual retail release of the sneaker). As reported by Sourcing Journal, Ezra Salami, the attorney representing Wavey Baby in this case, stated:
“We made MSCHF aware of this prior to their launching, but, you know, as we say in the complaint, they pressed forward, notwithstanding our objections. We did have a dialogue, but it became readily apparent that at least at that juncture they were not interested in our position of changing the name and, obviously, they went forward with their launch.”
Digging into the 17-page suit, we see WaveyBaby has accused MSCHF of marketing the Old Skool-like silhouette in a way that could confuse consumers into thinking the product is connected with the streetwear label. They also continue stating that the lawsuit MSCHF is embroiled in with Vans harms WaveyBaby’s brand name, as consumers could believe WaveyBaby is involved when they are separate from the art collective.
While WaveyBaby did trademark its name with a filing in 2019 (approved a year later), MSCHF has not indicated it seeks to trademark the name “Wavy Baby.” In marketing material for the model's release, the Brooklyn-based art collective used the registered trademark symbol similar to the stylized “Vans ®” logo. However, MSCHF’s defense in their case against the Cali-based footwear brand is that this art project is parodying Vans. This same defense could be applied here against Wavey Baby. However, they already stated that MSCHF “deceptively includes the ® symbol in connection with the ‘wavy’ mark, suggesting that the mark is federally registered.”
With the case being filed on March 31st, 2023, it’s far too early to tell how this will play out. MSCHF could settle with WaveyBaby outside of court or drag this case on for some time. We’ll keep our eyes posted on developments in this filing, so keep it locked to our Twitter and the Sole Retriever mobile app to stay updated on the latest releases, raffles, news, and more in the sneaker and streetwear world.
